Lang v. Windsor Mount Joy Mutual Insurance

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Determining that plaintiff has invoked federal jurisdiction properly constitutes the in limine question which federal courts must consider prior to proceeding to the merits of a claim. Pacific Intermountain Express Co. v. Hawaii Plastics Corp., 528 F.2d 911 (3d Cir. 1976). In the present controversy, resolution of this question requires reference to the capacity of defendant Cloister Relief Association (CRA), an unincorporated association, to be sued as a class under Fed.R.Civ.P. 23.2. 1 The Court dismissed the original action which plaintiff, then…